Declared policy and development objectives
- The Decree recognizes that the economic well-being of a major sector of the population depends on the viability of the coconut industry.
- The Decree declares State policy to promote rapid integrated development and growth of the coconut and other palm oils industry in all aspects.
- The Decree states the policy goal of ensuring coconut farmers become direct participants in, and beneficiaries of, growth and development.
- The Decree frames a State program to rationalize the coconut oil milling industry to assure:
- a fair price for coconut farmers’ copra, and
- adequate and continuous supply to consuming countries of copra, coconut oil and their by-products at fair and competitive prices.
- The Decree finds that further promotion of rationalization requires granting the Philippine Coconut Authority additional powers on marketing and export.
Authority and scope: marketing and export regulation
- Section 1 grants the Philippine Coconut Authority full power and authority to regulate the marketing and export of:
- copra,
- coconut oil, and
- their by-products.
- The regulation power is exercised “in furtherance of” steps to rationalize the coconut oil milling industry.
- The subject matter authority covers both marketing and export activities involving the listed coconut products and by-products.
- The Decree ties implementation to the broader objective of industry rationalization and fair market outcomes for farmers and consumers.
Measures to rationalize milling industry
- Section 2 authorizes the Philippine Coconut Authority to initiate and implement measures necessary to attain the rationalization of the coconut oil milling industry.
- Section 2 expressly authorizes these example measures (including but not limited to):
- imposition of floor and/or ceiling prices for all exports of copra, coconut oil, and their by-products;
- prescription of quality standards;
- establishment of maximum quantities for particular periods and particular markets; and
- inspection and survey of export shipments through an independent international superintendent or surveyor.
- Section 2 requires the Philippine Coconut Authority to consult with, and be guided by the recommendation of coconut farmers through:
- corporations owned or controlled by them through the Coconut Industry Investment Fund, and
- the private corporation authorized to be organized under Letter of Instructions No. 926.
- The consultation-and-guidance requirement applies in the exercise of powers under Section 1 and Section 2.
Export routing for certain countries
- Section 3 provides that exports of copra and its by-products to:
- socialist countries, and
- other countries that heretofore have not purchased copra and its by-products from the Philippines on a regular basis
shall be undertaken by or coursed through the private corporation authorized to be organized under Letter of Instructions No. 926.
- Section 3 establishes an export channeling requirement for the specified destinations and market history.
Rulemaking and regulatory implementation
- Section 4 empowers the Philippine Coconut Authority to promulgate rules and regulations necessary to fully and effectively implement the Decree.
- Rulemaking authority covers implementation of the Decree’s regulatory powers over:
- marketing and export regulation,
- pricing and quality controls,
- quantity limitations by period and market,
- shipment inspection/survey arrangements.
Criminal sanctions and corporate liability
- Section 5 imposes penalties for wilful and deliberate violations of:
- any provision of the Decree, or
- any rule or regulation legally promulgated under it by the Philippine Coconut Authority.
- For individuals responsible for such violations, Section 5 provides:
- a fine of not more than P20,000.00, and
- imprisonment of not more than five (5) years.
- For violations committed by a corporation, partnership, or juridical person, Section 5 provides that the penalty shall be imposed on the officer or officers authorizing, permitting, or tolerating the violation.
- Section 5 provides for alien consequences:
- aliens found guilty shall, after having served his sentence, be immediately deported.
- Section 5 provides for naturalized citizens:
- in the case of a naturalized citizen, his certificate of naturalization shall be cancelled.
- The Decree contains duplicated Section 5 text that reiterates the same penalty scheme for wilful and deliberate violations, including fine, imprisonment, corporate officer liability, and deportation/cancellation consequences.
Effectivity, repeal, and separability
- Section 6 repeals or amends laws, executive orders, administrative orders, and rules and regulations inconsistent with the Decree.
- Section 7 provides a separability rule: if any provision is held unconstitutional, all other provisions remain valid.
- Section 8 states the Decree takes effect immediately.
- The Decree was issued October 04, 1979 and is signed in Manila on the 4th day of October of 1979.